Israel González Marino
Universidad Central de Chile

Abstract:

With the new real estate co-ownership law — Law Nº 21.442 of 2022 — coming into force, Chilean legislation resolved the controversy about how legitimate it is banning, through co-ownership regulations, the keeping of so-called “pets or companion animals” in condominiums. Despite this, the current regulation is not free of flaws that the doctrine has failed to address for the time being, even less by the Animal Law discipline. On this basis, the rules of the new Chilean real estate co-ownership law and its regulations in relation to the keeping of animals in condominiums are analyzed in the light of Animal Law. We found that the new provisions develop the so-called “principle of animal protection” (Henríquez Ramírez, 2021), raising the standards of protection in favor of these individuals and incorporating special rules for responsible ownership.

Keywords: Real estate co-ownership, responsible ownership, pets, Animal Law.